To many people, the word divorce immediately conjures litigation. They think of spouses arguing in court and waiting for a judge to decide how to split their property and time with their children.
While litigated divorce is an option for those ending their marriage, it is certainly not the only choice. Divorce does not have to involve an embarrassingly public battle in court. Couples can choose mediation instead.
Through mediation, a divorcing couple can potentially cooperate to create their own settlement and file an uncontested divorce. What are some of the reasons that people choose mediation instead of litigation?
Mediation lets you address issues without making them public record
While you may want to end your marriage, you don’t necessarily want to destroy your ex’s reputation or your own. Couples often need to consider problems from their marriage when deciding what is reasonable in their divorce.
In a litigated divorce, you will have to present a judge with evidence of adultery, drug addiction or physical abuse for those issues to factor into the divorce ruling. In mediation, you can consider these issues without making them part of the public record. You and your ex can discuss infidelity, addiction and other marital matters in a confidential setting.
Mediation takes the pressure off of your children
Many children witnessing the divorce of their parents will struggle emotionally. The more pressure they experience and fighting they witness, the harder the divorce will be for them in the long term. Children may worry that they will have to testify in court or tell a judge about where they would prefer to live.
Kids usually don’t want to make that kind of decision or risk endangering a relationship with one parent if they say they would rather live with the other. By handling all of your custody matters in mediation, you and your ex can completely eliminate the requirement for your child to play a direct role in your divorce.
Mediation often means a cheaper and faster divorce
During a litigated divorce, you have to wait until the courts have time to hear your case. You will then have to spend days presenting evidence and waiting while your ex presents evidence. Requiring that much time from the courts can mean paying thousands of dollars in addition to standard costs and attorney fees.
Choosing divorce mediation can be a way for you to maintain stability in your family and minimize the financial expense of navigating a divorce.